GENERAL TERMS & CONDITIONS

 

Tree Top Toy Co. reserves the right to alter or amend all its Terms and Conditions without notice. Any abuse whatsoever of the website by any customer constitutes a criminal offence to which shall be dealt with the requisite authorities. Other limitations on the use of the website may be communicated from time to time.

Browsing our website irrevocably signifies your agreement to the above Terms and Conditions.

1. UNINTENTIONAL & OBVIOUS ERRORS

a. While all reasonable precautions are taken by Tree Top Toy Co. to provide the most accurate information on our website, in the event that we identify any inadvertent and obvious error(s) in the price, product or service description, images, availability and any other relevant related content, Tree Top Toy Co. will not be obliged to provide you with the affected product(s) via our online store and/or physical stores.

b. Tree Top Toy Co. will make every effort to contact and alert the customer of such an error. In such circumstances, the customer will be entitled to cancel the purchase and Tree Top Toy Co. will provide the customer with a full refund for the amount paid once verified by Tree Top Toy Co..

c. Furthermore, while we appreciate that the Tree Top Toy Co. website may be used as a source of research and information regarding the listed products and pricing before attending one of our many physical stores to purchase the desired goods, please note that the pricing, description and availability on the Tree Top Toy Co. website does not constitute an offer by any of our physical Tree Top Toy Co. stores. As such, our physical stores will not be obligated to honour such online pricing where it conflicts with our physical store pricing where it is determined to be, in our sole discretion, to be an unintentional and/or obvious error.

d. We therefore recommend that all customers confirm the pricing and availability with the respective store prior to visiting the store to make their purchase.

 

2. SPECIAL PROMOTIONS

a. Tree Top Toy Co. will host a variety of online & store promotions, throughout the year.

b. Our promotions are open to all persons, however, any goods purchased will only be capable of delivery within the borders of the Republic of South Africa and we further reserves our rights to cancel an order where delivery is to be effected to an area in which, in the sole discretion of Tree Top Toy Co., is deemed to not be accessible for delivery.

c. Whilst we will endeavour to ensure that all deliveries are timeously received by our Customers, due to the influx in demand over the promotional period, customers may experience unforeseen delays in the receipt of the delivery of their order(s).

d. Unless expressly stated otherwise, promotional stock is limited, and the promotional items are only available subject to stock availability and/or when it reaches its stock limit for the promotion, thereafter the promotional goods will revert to its original price.

e. Adding a promotional item to your cart does not reserve the item, nor does it guarantee that you will receive the goods, as the goods are only reserved upon successful completion of checkout and the funds being received in our account. Customers’ orders are only confirmed once payment is received and cleared in our bank account, and after you have received a valid order confirmation email. We would therefore recommend using instant payment methods such as Credit Card, Debit or Instant EFT, in order to avoid disappointment.

f. Due to the limited stock and time limitations in obtaining the goods at the promotional price, we will not be accepting any lay-by agreements for the purchase of any promotional item(s).

g. Tree Top Toy Co. does not guarantee a specific saving on any of the goods listed on promotion.

h. Tree Top Toy Co. reserves the right to limit the number of units being sold per Order.

i. Due to operational limitations and the influx of customers and sales during the promotional period, Tree Top Toy Co. reserves its rights to suspend its “Click & Collect” for the affected period. In such an instance, Customers will have to make use of either our door-to-door courier delivery service or purchase the goods in-store in order purchase the goods at their promotional prices.

j. In the event of a dispute regarding any aspect of the promotion and/or these terms and conditions, the interpretation and decision of Tree Top Toy Co. will be final and binding and no further correspondence will be entertained.

k. Tree Top Toy Co. will under no circumstance be liable for any error, delay, failure or non-availability of the offer, and are hereby indemnified against any damage or loss you may sustain because of the aforesaid.

l. Tree Top Toy Co. reserves its right to cancel, suspend, modify or terminate this promotion, without notice at any time and no liability shall lie against Tree Top Toy Co. in favour of any participant and/or third party arising from such modification, cancellation, suspension or termination.

m. Our promotions are also subject to, and must be read in conjunction with, Tree Top Toy Co.’s existing Terms and Conditions and any additional applicable Terms and Conditions related to the specified promotion.

 

 

 

3. USE OF OUR WEBSITE

a. Our customers are welcome to browse and/or use our website for their own personal shopping and information purposes only. No other use is permitted without the prior written consent of the Senior management of Tree Top Toy Co.. The unauthorized use, copying, reproduction, variation, modification and/or distribution of the content of this website, the uploading of any unlawful, damaging information, viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited.

b. We reserve the right to suspend or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms & Conditions and/or if we believe the information provided by you is untrue, inaccurate and/or incomplete.

c. Customers who purchase goods on our website confirm that they have the necessary legal capacity and appreciate the terms and conditions herein, that is, they are of sound mind and above the age of 18 (eighteen). Where the customer is under the age of 18 (eighteen) or not of sound mind, it will be presumed that they do so upon the supervision of their parent and/or guardian in making purchases on our website and subsequently bound by the terms and conditions of this agreement.

d. Our customers warrant that they will not share their username and password to access their account to any third party and will only be accessed by themselves and/or under their supervision if accessed by a third party.

 

4. PERSONAL INFORMATION

a. The protection of our customers’ personal information is of paramount importance to us and we strive to ensure compliance with the Protection of Personal Information Act 4 of 2013.

b. By using of our online website and engaging on our platform, including but not limited to, creating your user account and entering our competitions, you may be required to input certain personal information which you consent to be used by Tree Top Toy Co..

c. Where personal information is inputted by a child, it is warranted that such child has received consent of his/her parent and/or guardian to do so and for Tree Top Toy Co. to process the information concerned.

d. By consenting to Tree Top Toy Co. processing your information, and being our customer, you consent to direct marketing from Tree Top Toy Co. by electronic communication.

e. Your personal information will be securely stored on our server to prevent any unauthorized use and/or disclosure of such information. In the unlikely event that such a breach of your personal information occurs Tree Top Toy Co. will alert you as soon as reasonably possibly upon the discovery of a breach with sufficient information to take the necessary proactive measures to safeguard against any potential consequences.

f. In keeping with the Act, our customers at all times have the right (subject to providing necessary proof of identity to satisfy our personnel) to request the following:

 * Access to their personal information.

 * The deletion of their personal information.

 * The rectification of their personal information.

 Kindly contact info@treetoptoyco.co.za so that we may action the above for you soonest.

 

5. DISCLOSURE OF INFORMATION

a. We are entitled to use and/or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, Order of Court or legal process served on us, or to protect and defend our rights or property.

b. In the event of a fraudulent online payment, Tree Top Toy Co. is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

c. Whilst we will do all things reasonably necessary to protect your right of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized and/or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

d. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Tree Top Toy Co., Tree Top Toy Co. shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party.

 

6. ACCURACY OF INFORMATION

All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content and/or information displayed on our website is always accurate, complete and/or current.

 

7. RATINGS AND REVIEWS

a. Any comments uploaded by a user of our website or any authorised experts are their opinions alone and do not necessarily represent the views, opinions, beliefs or values of Tree Top Toy Co.. By uploading their review / rating, the customer consents to having their name and comment displayed on the website in relation to the product that the customer has reviewed / rated and may be published by Tree Top Toy Co. in relation to the specified product.

b. Should you use the rating and review platform to display and spread any hate speech, vulgarity or any other response that is deemed to be harmful at the sole discretion of Tree Top Toy Co., the offending review/ remark will be removed from our website without any notice to the customer responsible for its creation, and may result in the customer’s account being suspended and will further be unable to fully use our website.

c. Furthermore, should Tree Top Toy Co. suffer any harm as a result of the comments of the user, we reserve the right to prosecute our claim for damages against the customer personally for the harm and / or loss (be it direct, indirect or consequential) sustained by us as a result of any action or omission of the user.

 

8. INTELLECTUAL PROPERTY

All material on www.treetoptoyco.co.za is protected by copyright. All of the website’s intellectual property rights are specifically reserved. All rights, including but not limited to, copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. Any unauthorized use, reproduction, modification and/or distribution of the content of this website is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

 

9. ADVERTISING AND HYPERLINKS

At times there may be external hyperlinks which may appear on our website. We do not necessarily have a relationship with any third party who is linked to our website, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third-party material is entirely at your own risk.

 

10. COLOURS

We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, the actual colours our customers see will depend on the device used to access our website. We cannot warrant that your device’s display accuracy of the colours as these may generally differ.

 

11. DISCLAIMERS AND EXCLUSIONS OF LIABILITY

a. Tree Top Toy Co. makes no representations or warranties of any kind, whether express, implied or otherwise. Tree Top Toy Co. or their agents/representatives or employees accept no liability, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the use of our website or the purchase of any of our products or services.

b. You agree, by using this website, to indemnify us against any loss and/or damage suffered and/or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.

c. In the event that any clause contained in these Term(s) is/are invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned.

d. Tree Top Toy Co. shall not be regarded as having waived, or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to our customers or we fail to exercise or delay exercising any right we may have, whether the same right or any other right contained herein.

 

12. USE OF COOKIES

a. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognize repeat users, facilitate the user’s on-going access to and use of a website. This allows a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools.

b. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.

c. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.

 

13. GOVERNING LAW, JURISDICTION NOTICES

a. Your use of our website, any purchase by you on this website of any products and these conditions will be governed by and construed in accordance with the laws of the Republic of South Africa and will be deemed to have occurred in the Republic of South Africa. You agree, as we do, to submit to the non-exclusive jurisdiction of the South African courts.

b. Your statutory rights are not affected by these terms and conditions of sale.

c. Tree Top Toy Co. hereby nominates Shop 41B Scottburgh Mall, Scottburgh, 4180 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”).

d. Tree Top Toy Co. may change this address from time to time by updating these Terms and Conditions. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Tree Top Toy Co. not less than 7 (seven) days’ notice in writing. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English.

e. All notices sent – by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting; by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.

 

 

ONLINE REGISTRATION

 

a. Our customers are required to register and create an account or sign in with us before placing their order online. Please click on “Register” to complete the registration form.

b. Registration and/or use of our online shopping website constitutes your acceptance and agreement to be bound by these Terms & Conditions. To register, you will be required to provide us with certain information including personal details, including an email address and password. Please keep your password private.

c. We accept no liability for any damages suffered or losses incurred from the use or misuse of your password. You will be required to enter your email address and password each time you visit our online shopping site.

d. To amend any of your details, please go to “My Account” and follow the available link provided. Should the user become reasonably aware of any unauthorized or fraudulent activity, the user should take the necessary steps to mitigate any resultant harm or loss and immediately notify Tree Top Toy Co. of the suspected activity.

e. Tree Top Toy Co. accepts no liability for any damages suffered or losses incurred from the use and/or misuse of your password.

 

PRODUCT SALES & AVAILABILITY

 

a. All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa where we can accommodate deliveries. All prices shown on our website are quoted in South African Rands (ZAR) and are valid and effective for delivery only in the Republic of South Africa.

b. We cannot always guarantee stock availability and will deliver a substitute product, if possible, where our customers have authorized us to do so. If we are unable to supply certain items or quantities ordered, our customers nevertheless agree to accept delivery and make payment for the items delivered.

c. We reserve the right to discontinue and/or change the specifications of our products and services from time to time without notice. We will inform our customers as soon as possible if any products or services ordered by you are not available. Our customers will be charged the prices that are reflected online, subject to availability and their elected delivery address.

d. The prices reflected are Value-Added Tax (VAT) inclusive. Special promotions may be subject to certain additional conditions, including but not limited to, stock availability and limited offer stipulations. Special promotions apply only to items on your original online order (i.e. not on items which are added after the order was placed)

e. We reserve the right, in our sole discretion, to limit quantities of promotional products to 2 (two) per customer or while stocks last.

 

 

DELIVERIES

 

 

a. Deliveries are made Monday to Friday, between 10h00 and 17h00. Tree Top Toy Co. does not deliver over weekends and on any recognized/ statutory South African public holidays.

b. Delivery of any order by Tree Top Toy Co. will only be effected to accessible areas, in the sole discretion of Tree Top Toy Co., situate within the borders of the Republic of South Africa.

c. Should you wish to amend or change the delivery address of your order, kindly contact info@treetoptoyco.co.za in order to effect the change. Kindly note that the change of delivery address will only be applicable where the order has not been dispatched from our Online Store. Tree Top Toy Co. will not incur any liability in the successful delivery of the order to the nominated delivery address as per the order confirmation email.

d. Whilst we endeavour to make every effort to ensure that accurate shipping estimates are provided on the website, we make no warranty that the order will be received by you within said time.

e. Unfortunately, items may be delayed for a variety of reasons beyond our control. When we are informed of any delays that will mean your items will arrive after the shipping estimate period has elapsed, then we will attempt to notify you as soon as possible. You may cancel a delayed item, without incurring any re-stocking fees, at your discretion, or wait for it to arrive.

f. Due to the influx of purchases taking place on Black Friday and the festive period, and while we will always endeavour to ensure that your Order(s) are timeously delivered, kindly anticipate unforeseen delays due to the strain placed on our couriers nationally.

 

PAYMENTS

 

Our customers’ offer is deemed to only be accepted when they receive an order confirmation from Tree Top Toy Co. By submitting your order and payment card details you warrant that you are authorised to make payment with the selected payment card and that there are sufficient funds available to pay for the order.

 

CANCELLATION

 

a. If, for any reason, you would like to cancel an order, this may be done only by contacting us on info@treetoptoyco.co.za.

b. You will only be able to cancel orders until midnight on the day prior to the date of shipping. We may debit your payment card for the delivery fees in respect of any late cancellations.

c. If your payment is cancelled for any reason or if your payment card should cease to be valid for whatever reason after receipt of the goods, you will remain liable for the full purchase price, including all related costs. We reserve the right to cancel any order/sale and/or your registration in the event of a breach of any of these Terms & Conditions.

 

FEEDBACK, SUGGESTIONS & COMPLAINTS

 

a. We welcome any comments about our service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, let us know about your unpleasant experience you have had with our company, please e-mail us stating clearly that you are making a complaint and use email address: info@treetoptoyco.co.za.

b. While we will endeavour to respond within 24 (twenty-four) hours to let you know that we are working on the matter, our aim is to respond and resolve the matter within five (5) working days, either resolving the complaint, or with a timescale for resolution.

c. All suggestions made to Tree Top Toy Co. are done so in the knowledge that, should the suggestions be implemented, the suggester will have no right to payment, royalties, or any form of remuneration. Tree Top Toy Co. will use its discretion in this regard.

 

GENERAL COMPETITIONS & PROMOTIONS

1.a. Competitions are open only to residents of the Republic of South Africa only and all entries must be made in the English language.

1.b. Anyone working for Tree Top Toy Co. or any family members or associates are prohibited from entering any of the competitions hosted by Tree Top Toy Co., and further any associated Company and/or any professional and/or commercial entities are similarly prohibited from entering.

1.c. The closing date for any competition is as stated on the entry form or related material disclosing same.

1.d. No late entries will be allowed or accepted as being eligible for any competition.

1.e. Winners under the age of 18 (Eighteen) years old will require permission from a parent and/or guardian to collect their prize.

1.f. Winners may be required to submit proof of age and/or Identity document or prove ownership of authorized use of the mobile device or other capable related device that was used to enter the competition in question.

1.g. The prizes are non-transferable in whole or in part, must be taken as stated, and are not capable of being exchanged or returned for cash or equivalent and may not be sold to any third party. No cash alternative is available to any prize unless expressly stated by an authorized Tree Top Toy Co. representative in writing.

1.h. Our prize winners must confirm acceptance of the prize as stated within 1 (one) week of the winner(s) being announced. Should the winner(s) fail to do so, the prize winner(s) will no longer be eligible for a prize, and hence forfeited, and that prize will be re-drawn/next highest score at the discretion of Tree Top Toy Co..

1.i. We accept no responsibility for any incorrect and/or incomplete registration details that our customers may supply as part of their registration and responsibility will not be accepted for undelivered, lost or delayed text messages or postal entries, nor for any network errors for which there may be delays during peak time.

1.j. Please note that proof of sending your entry is not deemed to be proof of receipt by us. Technical or ineligible errors will void entries.

1.k. If any prize offered is unavailable, we reserve the right to select alternate prizes of equivalent value, modify, supplement, withdraw all or part of this competition without further notice and there are no refunds for cancelled competitions. Entrants acknowledge that in consideration of the prize(s) offered to winners by us, the winning entries may be released, displayed to the public by us or any company connected with the promotion.

1.l. Tree Top Toy Co. reserves the right to use the winner(s) name, picture and likeness on websites, social media and/or any other relevant platform as well as for future campaigns or promotional events.

1.m. By participating and / or entering these competitions the entrants expressly declare that they understand and accept all Terms & Conditions on this website and are duly authorized to participate in the relevant competition.

1.n. The editors’ and/or Judges’ decision will be final. Multiple winners may be subject to a tie-break procedure to decide an outright winner.

1.o. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in automatic disqualification.

1.p. Unless otherwise stipulated, Tree Top Toy Co. uses a comment selection tool for social media that selects the winner randomly and selects the winner from unique commenters.

1.q. Tree Top Toy Co. reserves its right to amend, modify, alter, suspend and/or terminate any competition without notice, or the incurrence of any liability against itself by any participant, winners or third parties arising from such amendment, modification, alteration, suspension and/or termination of the competition.

1.r. The above competition Terms and Conditions are not exhaustive and must be read with the specific Terms and Conditions of each competition unless expressly stated otherwise.

2. Indemnity

2.a Tree Top Toy Co. will not be held liable for any harm and/or loss sustained by the winner for any use of the prize by itself, or unauthorised use by any other third-party;

2.b. Tree Top Toy Co. will never be obligated to replace any prize to the winner;

2.c. The winner does hereby set out the following in respect of their personal capacity, and/or in respect of their child/ward:

* To the fullest extent permitted by law, the winner irrevocably agrees to indemnify and hold harmless Tree Top Toy Co. including its staff, employees, directors, suppliers, franchisor, agents, successors in title and officers from, and against, any and all claims and losses arising out of, or where such claim arises in relation to, or as a result of any action or omission conducted by Tree Top Toy Co. in respect of this competition, and anything related to the prize.

* The winner indemnifies Tree Top Toy Co. and holds it harmless from all liabilities for any personal injury or death that may be suffered or sustained and shall not have any claim of any nature against Tree Top Toy Co. or its employees for any loss, damage or injury which may be suffered directly or indirectly (even if such loss, damage or injury is caused through the negligence of the company or its agents or employees) as a result of this competition.

* The winner indemnifies and hold harmless Tree Top Toy Co. from any third-party claim arising out of hazardous/defective and/or related harm arising from this competition and prize.

3. Protection of Personal Information Act 4 of 2013 (Hereinafter “POPI Act”)

By submitting an entry to any Competition, the entrant hereby consents and warrants that:

3.a. Tree Top Toy Co. may process the winner’s personal information and/or special personal information in respect to any Minor(s) that may be included in whole or part in any materials produced, with Tree Top Toy Co. employees, contractors, or agents for the purposes of this competition, which processing will be in accordance with the Protection of Personal Information Act No. 4 of 2013.

3.b. Tree Top Toy Co. has the right to use the winner’s names, likeness and other personal information in conjunction with a competition video on the following, but not limited to, media platforms, to showcase Tree Top Toy Co.’ marketing initiatives:

* Tree Top Toy Co. Facebook Pages;

* Tree Top Toy Co. Twitter Accounts;

* Tree Top Toy Co. Instagram Accounts;

* Tree Top Toy Co. YouTube Channels;

* Tree Top Toy Co. websites and blogs;

* Tree Top Toy Co. TikTok Accounts;

* Tree Top Toy Co. Pinterest Accounts;

* As well as print and voice media.

3.c. By entering into a Competition, the Entrant hereby agrees to the following:

* That the entrant has been duly informed of the rights accrued in terms of the POPI Act and specified the manner in which it will process the personal information and/or special personal information in terms of the POPI Act.

* In consideration for participation in the Competition, and/or as the parent/legal guardian of any Minor(s) included in any photographs and recordings for purposes of the Competition, and hereby grants the following rights and permissions to Tree Top Toy Co., its representatives, and assignees, those for whom the Tree Top Toy Co. is acting, and those acting with its authority and permission, the absolute right and permission to:

– Use the Material in media (consumer print, out-of-door usage, POP, a collateral in-store, marketing and public relations materials, broadcast media, cable, radio, internet, social media platforms), internal use by Tree Top Toy Co., public relations, point of purchase, go-cards, packaging, all forms of print, collateral, corporate advertising, in-cinema and industrial use as well as for education documentary and informative purposes, for all types of internal or external non-commercial communications such as for instance but not only, the Tree Top Toy Co. website terms and conditions, annual report and press pack under the terms and conditions of this Competition, and such usage shall not give rise to remuneration.

– Take, use, re-use, publish, and re-publish the material of the Entrant, family members and/or the Minor(s) in which they may be included in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the names of the respective parties, or reproductions of such Materials in colour or otherwise, made through any medium at a studio or elsewhere, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. The Entrant consents to the use of any published matter in conjunction with such photographs.

* The Entrant acknowledges that in connection with the production or anticipated production of the Material that they hereby release and indemnify Tree Top Toy Co., its affiliates and subsidiaries and/or its respective agents, directors, officers, shareholders, employees, representatives and all persons acting on their behalf from any and all claims, demands, causes of action, costs, expenses or other liabilities that may arise from any and all injuries that the Entrant and/or any Minor(s) may sustain as a direct, indirect or consequential result of the use of the Material (hereinafter “Claims”).

* The Entrant hereby irrevocably consents to the unrestricted right to the processing and publication of Materials of the Entrant and/or Minor(s) in which the Entrant may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without their respective inspection and/or approval. The Entrant hereby release Tree Top Toy Co. and its representatives and assignees from all claim and liability relating to said Materials and the Entrant or any Minor(s) included for purposes specifically consent to the digital compositing or distortion of the portraits or pictures, including without any restriction any changes or alterations as to colour, size, shape, perspective, context, foreground or background. The Entrant waives any right that they or the Minor(s) may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such Material or the use to which it may be applied.

* The Entrant hereby releases and discharges and agrees to hold Tree Top Toy Co., its representatives or assignees, and all persons acting under his/her permission or authority or those for whom he/she is acting, free from any liability by virtue of any reason in connection with the making and use of such Material, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur to be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any Claim for libel or violation of any right or publicity or privacy.

* Notwithstanding the above release and indemnities, the Entrant and/or Minor(s) shall have the right to claim authorship in the work, and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the Entrant and/or Minor(s) including but not limited to the use of the Material for illegal purposes.

* If any Minor(s) are included in whole or in part in the Materials, the Entrant hereby warrants that they are a legally competent adult and a parent or legally appointed guardian of the Minor(s), and that they have the necessary capacity to contract for the Minor(s) in the above regard. Furthermore, the Entrant warrants that they have read the above authorisation, release and these terms and conditions prior to its execution and that they are familiar with the contents and hereby consent to the release. This release shall further be binding on the Entrant and/or Minor(s) and their respective heirs, representatives and assignees.

3.d. Whilst every precaution is taken to ensure that personal information (and special personal information) in possession is kept secure, we cannot be held liable in the event that information is breached by an unauthorised third party where we could not have foreseen, and where we have not been reckless or grossly negligent in terms of our compliance with the Protection of Personal Information Act 4 of 2013. In the event of a breach, Tree Top Toy Co. will take every necessary precaution to notify where applicable, the information regulator and the data subject pertaining to the breach and the measures taken to prevent any further loss of personal information and secure your account and/or information.

3.e. All Entrants may have their details removed from the Tree Top Toy Co. database by submitting written request via email to info@treetoptoyco.co.za. Take note that if the details are removed, the entrant will forfeit their right to claim any prize and will no longer be regarded as being a part of the competition.

Please also note:

* Tree Top Toy Co. reserves the right to amend, modify, change, suspend or cancel this competition and any prize/s, or any aspect linked thereof, without notice at any time, for any reason that it deems necessary. All Entrants will waive any rights that they may have in terms of this Competition and acknowledge that they will have no recourse against Tree Top Toy Co., its employees and agents.

* Participation in this Competition constitutes acceptance of these Competition rules, and all Entrants will agree to abide by these terms and conditions. Any derogation these Competition rules will not constitute a variation or amendment unless reduced to writing.

* Should there be any terms or conditions that you do not understand, it is your duty to contact Tree Top Toy Co. info@treetoptoyco.co.za for further clarity regarding the terms and conditions.

* Tree Top Toy Co. reserves full rights in respect of providing a prize to the winner with its decision being final and binding.

* Tree Top Toy Co. reserve the right to vary, suspend, postpone or terminate this competition and any prizes, or any aspect thereof, for any reason whatsoever at any time without notice. In such event, all entrants agree to waive any rights that they have in respect of this competition and acknowledge that they will have no recourse against Tree Top Toy Co..

* In the event of a dispute in regard any aspect of the competition and/or these terms, the decision of Tree Top Toy Co. will be final and binding and no correspondence may be entered into.

* By entering this competition, you agree to be bound by the terms set out above.